At the height of the Coronavirus crisis in March 2020, the
Indonesian National Arbitration Board or BANI issued Decree No.
20.007/III/SK-BANI/HU to temporarily suspend all arbitration
proceedings in BANI in an effort to contain the outbreak. Now, as
the government and businesses are starting to assess the 'new
normal,' BANI has revoked the March decree and issued Decree
Number 20.015/V/SK-BANI/HU on the Rules and Procedures for
Electronic Arbitration. Under the new decree, arbitrations can now
be held or continued online by using an electronic
telecommunication platform, while observing the arbitration
principles that apply in BANI.
A noteworthy point from the decree is that this decree will
apply beyond the current health crisis, thus allowing an
arbitration proceeding to proceed virtually in the event of a
disaster, emergency, or any other exceptional circumstances. The
ability to move an arbitration online applies not only to new and
ongoing arbitrations but